Quimbee logo
DMCA.com Protection Status

Humble Oil & Refining Co. v. Martin

148 Tex. 175, 222 S.W.2d 995 (1949)

Case BriefRelatedOptions
From our private database of 30,500+ case briefs...

Humble Oil & Refining Co. v. Martin

Supreme Court of Texas

148 Tex. 175, 222 S.W.2d 995 (1949)

Humble Oil & Refining Co. v. Martin

Facts

An unoccupied car parked at a gas station owned by Humble Oil Company (Humble) (defendant) rolled down a hill and struck Martin (plaintiff) and his two daughters. The car was left unattended after it was parked at the gas station by a customer. At trial, the jury found that Humble was liable for the negligence of the gas station’s employee, who failed to take rudimentary actions that would have prevented the accident. The court of civil appeals affirmed, holding that Humble was liable because a master-servant relationship existed between Humble and the gas station manager, Schneider, pursuant to a “Commission Agency Agreement” (Agreement). The Agreement, which was intended to enable Schneider to sell Humble products, contained a number of provisions that gave Humble control over the gas station’s operations. Humble appealed the court of civil appeals’ decision to uphold the trial court’s finding that it was liable for the gas station employee’s negligence.

Rule of Law

Issue

Holding and Reasoning (Garwood, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 551,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 551,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 30,500 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 551,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 30,500 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership